HUMAN RIGHTS JUSTICE ADMINISTRATION
THE SUPERIOR COURT OF THE NATIONAL HUMAN RIGHTS JUSTICE ADMINISTRATION & THE FEDERAL BUREAU OF INVESTIGATIONS & LAW ENFORCEMENT AGENCY OPERATES WITHIN THE LAWFUL ORDER OF ADMINISTERING & ENFORCING THE LAW IN ACCORDANCE WITH THE STATUTES OF THE CANADIAN CRIMINAL CODE. WE RESERVE THE RIGHT TO EXECUTE SEARCH / ARREST WARRANTS, SEIZE EVIDENCE & PROCEEDS OF CRIME & DETAIN SUSPECTED / ACCUSED OFFENDERS ON THE SCENE OF THE CRIME FOR UP TO 12 HOURS IN ANY CASE WHERE THE ADMINISTRATION OF JUSTICE IS NECESSARY TO BE EXECUTED TO PRESERVE LIFE, TO PREVENT THE FURTHER COMMISSION OF CRIMINAL ACTIVITY / UNLAWFUL BEHAVIOUR, TO PREVENT THE VICTIMIZATION / HUMAN TRAFFICKING OF CHILDREN OR WOMEN & SECURE EVIDENCE / PROCEEDS OF CRIME WHILE CONDUCTING FEDERAL INVESTIGATIONS & LAW ENFORCEMENT PROCEDURES TO PROTECT OUR COMMUNITIES NATIONWIDE FROM THE THREATS & DANGERS IMPOSED FROM THE COMMISSION OF CRIMINAL OFFENCES. HUMAN RIGHTS VIOLATIONS & CORPORATE BY-LAW OFFENCES ARE STRICTLY ENFORCED & ADMINISTERED BY WAY OF SERVING THE OFFENDER WITH ARREST & SEARCH WARRANTS / OFFENCE NOTICES & CIVIL LIABILITY COURT DATE SUMMONS' WHICH ALSO REQUIRES THE OFFENDER TO BE DETAINED UNTIL THE CHARGE / OFFENCE NOTICE / COURT DATE SUMMONS IS ISSUED TO THE OFFENDER & THE OFFENDER IS NOT POSING ANY IMMEDIATE THREAT AT THAT TIME.

Protection of Persons Administering and Enforcing the Law

Protection of persons acting under authority

  •  (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

    • (a) as a private person,

    • (b) as a peace officer or public officer,

    • (c) in aid of a peace officer or public officer, or

    • (d) by virtue of his office,

    is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

  • Idem

    (2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

  • When not protected

    (3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.

  • When protected

    (4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if

    • (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;

    • (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;

    • (c) the person to be arrested takes flight to avoid arrest;

    • (d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and

    • (e) the flight cannot be prevented by reasonable means in a less violent manner.

  • Power in case of escape from penitentiary

    (5) A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if

    • (a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and

    • (b) the escape cannot be prevented by reasonable means in a less violent manner.

Definitions

  •  (1) The following definitions apply in this section and sections 25.2 to 25.4.

    competent authority means, with respect to a public officer or a senior official,

    • (a) in the case of a member of the Royal Canadian Mounted Police, the Minister of Public Safety and Emergency Preparedness, personally;

    • (b) in the case of a member of a police service constituted under the laws of a province, the Minister responsible for policing in the province, personally; and

    • (c) in the case of any other public officer or senior official, the Minister who has responsibility for the Act of Parliament that the officer or official has the power to enforce, personally. (autorité compétente)

    public officer means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament. (fonctionnaire public)

    senior official means a senior official who is responsible for law enforcement and who is designated under subsection (5). (fonctionnaire supérieur)

  • Principle

    (2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences.

  • Designation of public officers

    (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4.

  • Condition — civilian oversight

    (3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer’s conduct.

  • Declaration as evidence

    (3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection.

  • Considerations

    (4) The competent authority shall make designations under subsection (3) on the advice of a senior official and shall consider the nature of the duties performed by the public officer in relation to law enforcement generally, rather than in relation to any particular investigation or enforcement activity.

  • Designation of senior officials

    (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4.

  • Emergency designation

    (6) A senior official may designate a public officer for the purposes of this section and sections 25.2 to 25.4 for a period of not more than 48 hours if the senior official is of the opinion that

    • (a) by reason of exigent circumstances, it is not feasible for the competent authority to designate a public officer under subsection (3); and

    • (b) in the circumstances of the case, the public officer would be justified in committing an act or omission that would otherwise constitute an offence.

    The senior official shall without delay notify the competent authority of the designation.

  • Conditions

    (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting

    • (a) the duration of the designation;

    • (b) the nature of the conduct in the investigation of which a public officer may be justified in committing, or directing another person to commit, acts or omissions that would otherwise constitute an offence; and

    • (c) the acts or omissions that would otherwise constitute an offence and that a public officer may be justified in committing or directing another person to commit.

  • Justification for acts or omissions

    (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer

    • (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity;

    • (b) is designated under subsection (3) or (6); and

    • (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties.

  • Requirements for certain acts

    (9) No public officer is justified in committing an act or omission that would otherwise constitute an offence and that would be likely to result in loss of or serious damage to property, or in directing the commission of an act or omission under subsection (10), unless, in addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she

    • (a) is personally authorized in writing to commit the act or omission — or direct its commission — by a senior official who believes on reasonable grounds that committing the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties; or

    • (b) believes on reasonable grounds that the grounds for obtaining an authorization under paragraph (a) exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

      • (i) preserve the life or safety of any person,

      • (ii) prevent the compromise of the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer, or

      • (iii) prevent the imminent loss or destruction of evidence of an indictable offence.

  • Person acting at direction of public officer

    (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if

    • (a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and

    • (b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer’s law enforcement duties.

  • Limitation

    (11) Nothing in this section justifies

    • (a) the intentional or criminally negligent causing of death or bodily harm to another person;

    • (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or

    • (c) conduct that would violate the sexual integrity of an individual.

  • Protection, defences and immunities unaffected

    (12) Nothing in this section affects the protection, defences and immunities of peace officers and other persons recognized under the law of Canada.

  • Compliance with requirements

    (13) Nothing in this section relieves a public officer of criminal liability for failing to comply with any other requirements that govern the collection of evidence.

  • Exception — Controlled Drugs and Substances Act and Cannabis Act

    (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it or a provision of Division 1 of Part 1 of the Cannabis Act.

Arrest without Warrant and Release from Custody

Marginal note: Arrest without warrant by any person

  •  (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note: Arrest by owner, etc., of property

    (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

    • (a) they make the arrest at that time; or

    • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

  • Marginal note: Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • Marginal note: For greater certainty

    (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

arrest without warrant by peace officer

  •  (1) A peace officer may arrest without warrant

    • (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;

    • (b) a person whom he finds committing a criminal offence; or

    • (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

  • Marginal note: Limitation

    (2) A peace officer shall not arrest a person without warrant for

    • (a) an indictable offence mentioned in section 553,

    • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or

    • (c) an offence punishable on summary conviction,

    in any case where

    • (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence, or

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence,

      may be satisfied without so arresting the person, and

    • (e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note: Consequences of arrest without warrant

    (3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).

Marginal note:Issue of appearance notice by peace officer

 Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is

  • (a) an indictable offence mentioned in section 553;

  • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or

  • (c) an offence punishable on summary conviction.

Marginal note: Release from custody by peace officer

  •  (1) Subject to subsection (1.1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable,

    • (a) release the person from custody with the intention of compelling their appearance by way of summons; or

    • (b) issue an appearance notice to the person and then release them.

  • Marginal note: Exception

    (1.1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence,

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence, or

      • (iv) ensure the safety and security of any victim of or witness to the offence; or

    • (b) that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note: Where subsection (1) does not apply

    (2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

  • Marginal note: Consequences of non-release

    (3) A peace officer who has arrested a person without warrant for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Marginal note: Kidnapping

  •  (1) Every person commits an offence who kidnaps a person with intent

    • (a) to cause the person to be confined or imprisoned against the person’s will;

    • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

    • (c) to hold the person for ransom or to service against the person’s will.

  • Marginal note: Punishment

    (1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

    • (a.2) if the person referred to in paragraph (1)(a), (b) or (c) is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note: Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under subsection (1);

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Factors to consider

    (1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note: Forcible confinement

    (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

Defence of Person

Marginal note: Defence — use or threat of force

  •  (1) A person is not guilty of an offence if

    • (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

    • (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

    • (c) the act committed is reasonable in the circumstances.

  • Marginal note: Factors

    (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

    • (a) the nature of the force or threat;

    • (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

    • (c) the person’s role in the incident;

    • (d) whether any party to the incident used or threatened to use a weapon;

    • (e) the size, age, gender and physical capabilities of the parties to the incident;

    • (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

    • (f.1) any history of interaction or communication between the parties to the incident;

    • (g) the nature and proportionality of the person’s response to the use or threat of force; and

    • (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

  • Marginal note: No defence

    (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

Defence of Property

Marginal note: Defence — property

  •  (1) A person is not guilty of an offence if

    • (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

    • (b) they believe on reasonable grounds that another person

      • (i) is about to enter, is entering or has entered the property without being entitled by law to do so,

      • (ii) is about to take the property, is doing so or has just done so, or

      • (iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

    • (c) the act that constitutes the offence is committed for the purpose of

      • (i) preventing the other person from entering the property, or removing that person from the property, or

      • (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

    • (d) the act committed is reasonable in the circumstances.

  • Marginal note: No defence

    (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

  • Marginal note: No defence

    (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

Commodification of Sexual Activity

Marginal note:Obtaining sexual services for consideration

  •  (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

      • (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

        • (A) for a first offence, a fine of  $2,000, and

        • (B) for each subsequent offence, a fine of  $4,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

      • (i) in the case referred to in subparagraph (a)(i),

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $500, and

        • (B) for each subsequent offence, a fine of  $1,000.

  • Marginal note:Obtaining sexual services for consideration from person under 18 years

    (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

    • (a) for a first offence, six months; and

    • (b) for each subsequent offence, one year.

  • Marginal note: Subsequent offences

    (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under that subsection; or

    • (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

  • Marginal note: Sequence of convictions only

    (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

  • Definitions of place and public place

    (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1).

PART XII.2

Proceeds of Crime

Interpretation

Marginal note: Definitions

  •  (1) In this Part,

    designated drug offence[Repealed, 1996, c. 19, s. 68]

    designated offence means

    • (a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

    designated substance offence[Repealed, 2001, c. 32, s. 12]

    enterprise crime offence[Repealed, 2001, c. 32, s. 12]

    judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction;

    proceeds of crime means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence, or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

  • Marginal note: Regulations

    (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

Offence

Marginal note: Laundering proceeds of crime

  •  (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

  • Marginal note: Punishment

    (2) Every one who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note: Exception

    (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

Search, Seizure and Detention of Proceeds of Crime

Marginal note: Special search warrant

  •  (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

  • Marginal note: Procedure

    (2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

  • Marginal note: Execution in Canada

    (2.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • Marginal note: Other provisions to apply

    (3) Subsections 487(2.1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.

  • Marginal note:Detention and record of property seized

    (4) Every person who executes a warrant issued by a judge under this section shall

    • (a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

    • (b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

    • (c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

  • Marginal note: Return of proceeds

    (4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

    • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

    • (b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

    • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).

  • Marginal note: Notice

    (5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

  • Marginal note: Undertakings by Attorney General

    (6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders

Marginal note: Telewarrants

  •  (1) If a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make an application for a warrant in accordance with section 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.

  • Marginal note: Information submitted by telephone

    (2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents.

  • Marginal note: Information submitted by other means of telecommunication

    (2.1) The justice who receives an information submitted by a means of telecommunication that produces a writing shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice as to time and date of receipt.

  • Marginal note: Administration of oath

    (3) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

  • Marginal note: Alternative to oath

    (3.1) A peace officer who uses a means of telecommunication referred to in subsection (2.1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and such a statement is deemed to be a statement made under oath.

  • Marginal note: Contents of information

    (4) An information submitted by telephone or other means of telecommunication shall include

    • (a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;

    • (b) a statement of the indictable offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;

    • (c) a statement of the peace officer’s grounds for believing that items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and

    • (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

  • Marginal note: Issuing warrant

    (5) A justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 487(1) if the justice is satisfied that an information submitted by telephone or other means of telecommunication

    • (a) is in respect of an indictable offence and conforms to the requirements of subsection (4);

    • (b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and

    • (c) discloses reasonable grounds in accordance with paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence.

    The justice may require that the warrant be executed within the period that he or she may order.

  • Marginal note: Formalities respecting warrant and facsimiles

    (6) Where a justice issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

    • (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;

    • (b) the peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.1, noting on its face the name of the issuing justice and the time, date and place of issuance; and

    • (c) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

  • Marginal note: Issuance of warrant where telecommunication produces writing

    (6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing,

    • (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;

    • (b) the justice shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b);

    • (c) the peace officer shall procure another facsimile of the warrant; and

    • (d) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

  • Marginal note: Providing facsimile

    (7) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

  • Marginal note: Affixing facsimile

    (8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

  • Marginal note: Report of peace officer

    (9) A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report shall include

    • (a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;

    • (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and

    • (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer’s grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.

  • Marginal note: Bringing before justice

    (10) The clerk of the court shall, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized pursuant to a warrant issued, on an information presented personally by a peace officer, by that justice or another justice for the same territorial division.

  • Marginal note: Proof of authorization

    (11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

  • Marginal note: Duplicates and facsimiles acceptable

    (12) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).

Endorsement of Warrant

Marginal note: Endorsing warrant

  •  (1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant.

  • Marginal note: Copy of affidavit or warrant

    (1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1).

  • Marginal note: Effect of endorsement

    (2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division.

Powers to Enter Dwelling-houses to Carry out Arrests

Marginal note: Including authorization to enter in warrant of arrest

  •  (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house.

  • Marginal note: Execution

    (2) An authorization to enter a dwelling-house granted under subsection (1) is subject to the condition that the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

Marginal note: Warrant to enter dwelling-house

 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that

  • (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;

  • (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or

  • (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act.

Marginal note: Reasonable terms and conditions

Subject to section 529.4, the judge or justice shall include in a warrant referred to in section 529 or 529.1 any terms and conditions that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances.

Marginal note: Authority to enter dwelling without warrant

  •  (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

  • Marginal note: Exigent circumstances

    (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer

    • (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or

    • (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

Marginal note: Omitting announcement before entry

  •  (1) A judge or justice who authorizes a peace officer to enter a dwelling-house under section 529 or 529.1, or any other judge or justice, may authorize the peace officer to enter the dwelling-house without prior announcement if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that prior announcement of the entry would

    • (a) expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • Marginal note: Execution of authorization

    (2) An authorization under this section is subject to the condition that the peace officer may not enter the dwelling-house without prior announcement despite being authorized to do so unless the peace officer has, immediately before entering the dwelling-house,

    • (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • Marginal note: Exception

    (3) A peace officer who enters a dwelling-house without a warrant under section 529.3 may not enter the dwelling-house without prior announcement unless the peace officer has, immediately before entering the dwelling-house,

    • (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

PART XVI

Compelling Appearance of Accused Before a Justice and Interim Release (continued)

Arrest of Accused on Interim Release

Marginal note: Issue of warrant for arrest of accused

  •  (1) Where a justice is satisfied that there are reasonable grounds to believe that an accused

    • (a) has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or

    • (b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

    he may issue a warrant for the arrest of the accused.

  • Marginal note: Arrest of accused without warrant

    (2) Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused

    • (a) has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or

    • (b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

    may arrest the accused without warrant.

  • Marginal note: Hearing

    (3) Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall

    • (a) where the accused was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court; or

    • (b) in any other case, hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.

  • Marginal note: Retention of accused

    (4) Where an accused described in paragraph (3)(a) is taken before a judge and the judge finds

    • (a) that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or

    • (b) that there are reasonable grounds to believe that the accused has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

    he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

  • Marginal note: Release of accused

    (5) Where the judge does not order that the accused be detained in custody pursuant to subsection (4), he may order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsection 515(4) or, where the accused was at large on an undertaking or a recognizance with conditions, such additional conditions, described in subsection 515(4), as the judge considers desirable.

  • Marginal note: Order not reviewable

    (6) Any order made under subsection (4) or (5) is not subject to review, except as provided in section 680.

  • Marginal note: Release of accused

    (7) Where the judge does not make a finding under paragraph (4)(a) or (b), he shall order that the accused be released from custody.

  • Marginal note: Powers of justice after hearing

    (8) Where an accused described in subsection (3), other than an accused to whom paragraph (a) of that subsection applies, is taken before the justice and the justice finds

    • (a) that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or

    • (b) that there are reasonable grounds to believe that the accused has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

    he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

  • Marginal note: Release of accused

    (9) Where an accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), the justice shall order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the justice considers desirable.

  • Marginal note: Reasons

    (10) Where the justice makes an order under subsection (9), he shall include in the record a statement of his reasons for making the order, and subsection 515(9) is applicable with such modifications as the circumstances require in respect thereof.

  • Marginal note: Where justice to order that accused be released

    (11) Where the justice does not make a finding under paragraph (8)(a) or (b), he shall order that the accused be released from custody.

  • Marginal note: Provisions applicable to proceedings under this section

    (12) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 522.

  • Marginal note: Certain provisions applicable to order under this section

    (13) Section 520 applies in respect of any order made under subsection (8) or (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2) or (5), and section 521 applies in respect of any order made under subsection (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2).

PART IV

Offences Against the Administration of Law and Justice

Interpretation

Marginal note: Definitions

 In this Part,

evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not;

government means

  • (a) the Government of Canada, (including The National Israelite Government of Canada & it's Justice Administration Institutions).

  • (b) the government of a province, or

  • (c) Her Majesty in right of Canada or a province;

judicial proceeding means a proceeding

  • (a) in or under the authority of a court of justice,

  • (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,

  • (c) before a court, judge, justice, provincial court judge or coroner,

  • (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or

  • (e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason;

office includes

  • (a) an office or appointment under the government,

  • (b) a civil or military commission, and

  • (c) a position or an employment in a public department;

official means a person who

  • (a) holds an office, or

  • (b) is appointed or elected to discharge a public duty;

witness means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath.

Criminal Negligence

Marginal note: Criminal negligence

  •  (1) Every one is criminally negligent who

    • (a) in doing anything, or

    • (b) in omitting to do anything that it is his duty to do,

    shows wanton or reckless disregard for the lives or safety of other persons.

  • Definition of duty

    (2) For the purposes of this section, duty means a duty imposed by law.

Marginal note: Causing death by criminal negligence

 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

Marginal note: Causing bodily harm by criminal negligence

 Every person who by criminal negligence causes bodily harm to another person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

Bodily Harm and Acts and Omissions Causing Danger to the Person

Marginal note: Discharging firearm with intent

  •  (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

  • Marginal note: Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years; and

    • (b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note: Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note: Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

PART VI

Invasion of Privacy

Definitions

Marginal note: Consent to interception

Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.

Interception of Communications

Marginal note:Interception

  •  (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note: Saving provision

    (2) Subsection (1) does not apply to

    • (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;

    • (b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;

    • (c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,

      • (i) if the interception is necessary for the purpose of providing the service,

      • (ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or

      • (iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service;

    • (d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or

    • (e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for

      • (i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or

      • (ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).

  • Marginal note: Use or retention

    (3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if

    • (a) it is essential to identify, isolate or prevent harm to the computer system; or

    • (b) it is to be disclosed in circumstances referred to in subsection 193(2).

Marginal note: Interception to prevent bodily harm

  •  (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if

    • (a) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception;

    • (b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and

    • (c) the purpose of the interception is to prevent the bodily harm.

  • Marginal note: Admissibility of intercepted communication

    (2) The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person.

  • Marginal note: Destruction of recordings and transcripts

    (3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur.

  • Definition of agent of the state

    (4) For the purposes of this section, agent of the state means

    • (a) a peace officer; and

    • (b) a person acting under the authority of, or in cooperation with, a peace officer.

Marginal note: Interception with consent

  •  (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to subsection (3).

  • Marginal note: Application for authorization

    (2) An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, ex parte and in writing to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, and shall be accompanied by an affidavit, which may be sworn on the information and belief of that peace officer or public officer or of any other peace officer or public officer, deposing to the following matters:

    • (a) that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;

    • (b) the particulars of the offence;

    • (c) the name of the person who has consented to the interception;

    • (d) the period for which the authorization is requested; and

    • (e) in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.

  • Marginal note: Judge to be satisfied

    (3) An authorization may be given under this section if the judge to whom the application is made is satisfied that

    • (a) there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;

    • (b) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; and

    • (c) there are reasonable grounds to believe that information concerning the offence referred to in paragraph (a) will be obtained through the interception sought.

  • Marginal note: Content and limitation of authorization

    (4) An authorization given under this section shall

    • (a) state the offence in respect of which private communications may be intercepted;

    • (b) state the type of private communication that may be intercepted;

    • (c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;

    • (d) contain the terms and conditions that the judge considers advisable in the public interest; and

    • (e) be valid for the period, not exceeding sixty days, set out therein.

  • Marginal note: Related warrant or order

    (5) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.

Defamatory Libel

Definition of newspaper

 In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

  • R.S., c. C-34, s. 261

Marginal note: Definition

  •  (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

  • Marginal note: Mode of expression

    (2) A defamatory libel may be expressed directly or by insinuation or irony

    • (a) in words legibly marked on any substance; or

    • (b) by any object signifying a defamatory libel otherwise than by words.

Marginal note: Publishing

 A person publishes a libel when he

  • (a) exhibits it in public;

  • (b) causes it to be read or seen; or

  • (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.

Marginal note: Punishment of libel known to be false

 Every person who publishes a defamatory libel that they know is false is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

Marginal note: Punishment for defamatory libel

 Every person who publishes a defamatory libel is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) an offence punishable on summary conviction.

Marginal note: Extortion by libel

  •  (1) Every one commits an offence who, with intent

    • (a) to extort money from any person, or

    • (b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,

    publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

  • Marginal note: Idem

    (2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

  • Marginal note: Punishment

    (3) Every person who commits an offence under this section is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction.